It is an unfortunate circumstance when spouses believe that their marriage is broken down and cannot be repaired. This often leads one or both of them to wonder if they should file for divorce. During this time in a person’s life, many questions arise including: does it matter who files for divorce first? While the answer to this question is not necessarily simple, many divorce and financial experts believe that it does matter. There are a couple of different reasons as to why this may be.
When going into a divorce, it is always better to be prepared. Spouses who initiate the divorce first have usually already consulted with a skilled attorney to begin their preparation. This can include collecting all the necessary paperwork that allows the process to start. With this already done, spouses can have the advantage when negotiating during the divorce. This can leave the other spouse trying to catch up.
In addition to this, a support system is very important to have during a divorce. It is because of this that many spouses retain the services of additional help during this time. This can include a therapist, a financial analyst, etc. When a spouse is preparing to file for divorce first, they allow themselves more time to find the fit that is right for them. The sooner this is done, the better a person can be prepared to handle their case.
With filing for divorce first also comes certain financial advantages. A divorce can become expensive. There are many expenses that are associated with the process that can add up and are not cheap. It is because of this that it is beneficial to plan ahead and save up for the process. If a spouse is not in a position to save, it may be beneficial to consider securing a line of credit.
Divorces are almost always decided in the jurisdiction in which they are filed. Sometimes leading up to a divorce, two spouses may be estranged and living separately. In these situations, it is important to consider the advantages of filing in one state over another. Spouses should research the different jurisdictional options available in each state and consult with an experienced attorney.
Leslye M. Schlesinger serves Rockland and Westchester County with compassion and integrity. With over 30 years of experience guiding clients through matrimony law, she now focuses on helping clients avoid litigation through alternative dispute resolution, including collaborative divorce and mediation. If you need an effective and committed attorney, contact Leslye M. Schlesinger for a consultation.